A/HRC/25/73
United Nations
General Assembly
Distr.: General
13 January 2014
English
Original: French
Human Rights Council
Twenty-fifth session
Agenda item 10
Technical assistance and capacity-building
Report of the Independent Expert on the situation of human
rights in Côte d’Ivoire, Doudou Diène
Summary
In this document the Independent Expert reports on his fifth visit to Côte d’Ivoire,
from 14 to 23 October 2013. He presents a view of the human rights situation in the
country since his fourth visit, thus covering the period from 4 May to 30 December 2013,
in the light of his previous recommendations.
This visit took place in a context marked by important developments, including the
release of about 15 detainees associated with the former President, Laurent Gbagbo, a
presidential amnesty for persons convicted of minor offences and the publication of laws on
sensitive topics such as nationality and rural landownership. Such questions have been the
subject of numerous recommendations by the Independent Expert and other United Nations
mechanisms.
The Independent Expert noted that the security situation in Côte d’Ivoire has
continued to improve, but remains fragile. On the one hand, a culture of violence persists
and a large number of former combatants have yet to benefit from the disarmament,
demobilization and reintegration programme. On the other hand, in some regions, dozo
groups have continued to replace the State in its sovereign role of providing for security.
The Independent Expert noted with concern that despite the establishment of the
permanent framework for dialogue, the political dialogue is still deadlocked. The most
worrisome sign of this is the return to the partisan and polarizing verbal invective that
characterized the pre- and post-election crisis. In the run-up to the 2015 presidential
elections and with the kind of electioneering the country has seen, such trends could leave
any progress made in the past two years in establishing democratic institutions devoid of
any meaning. A moral resurgence on the part of the country’s political leaders is urgently
needed; they must take bold and meaningful political initiatives to resuscitate the political
dialogue and establish the conditions required for peaceful and democratically credible
presidential elections. The recent resumption of contacts between the Government and
the Front Populaire Ivoirien (Ivorian Popular Front) (FPI) should not aim merely to “cool
GE.14-10154 (E)
170214 180214

A/HRC/25/73
things down” for the elections, but to create conditions conducive not only to profound and
lasting national reconciliation, but also to the joint eradication of the root causes of the
crisis and the establishment of a pluralist and inclusive democracy. The Independent Expert
considers that profound and lasting national reconciliation can only be the result of a
collective effort on the part not only of the institutions that emerged from the crisis, such as
the Dialogue, Truth and Reconciliation Commission and the National Programme for
Social Cohesion, but also of politicians, civil society organizations and community and
religious leaders. He calls for the renewal of the mandate of the Dialogue, Truth and
Reconciliation Commission and for a better focus of its activities.
The Independent Expert expressed his profound concern regarding the increase in
sexual violence in Côte d’Ivoire. He is concerned that such acts have become trivialized.
Although they should be heard by full-fledged criminal courts, such acts are still being
handled by lesser courts, as the criminal courts have not been holding sessions.
The Independent Expert should like to state once again that he is convinced that the
questions of impunity and equitable justice are central to national reconciliation,
democratic reconstruction and the promotion of human rights. Despite the extraordinary
rebuilding of institutions in the judiciary and the high quality of judges whom the
Independent Expert was able to meet, justice is still perceived as being asymmetric. That
perception is fuelled by the fact that so far, persons responsible for human rights violations
have only been prosecuted if they were associated with the former regime, both by the
national courts and by the international criminal justice system. The Independent Expert
also requests the authorities to regularize the situation of persons detained at the National
Surveillance Directorate.
The Independent Expert underscores the urgent need to give the highest priority to
the serious situation of the victims of the long crisis in Côte d’Ivoire, so as to ensure that
they are not sacrificed in the name of political expediency. To draw attention to this
problem, he has organized a conference to be held in February 2014.
The Independent Expert calls for economic and social rights to be better taken into
consideration, and specifically for them to be effectively realized in the context of the
country’s outstanding macroeconomic growth. This report will be updated with an oral
presentation by the Independent Expert at the twenty-fifth session.
2
GE.14-10154
A/HRC/25/73
Contents
Paragraphs
Page
I.
Introduction .............................................................................................................
1–9
4
II.
Recent developments: institutional, political and security trends ...........................
10–23
5
A.
Rebuilding of State institutions .......................................................................
10
5
B.
Political dialogue ............................................................................................
11–14
5
C.
National reconciliation process .......................................................................
15–18
6
D.
Community conflicts and rural land management ..........................................
19–23
7
Security situation .....................................................................................................
24–33
8
A.
Achievements and challenges .........................................................................
24–26
8
B.
Dozos ..............................................................................................................
27–29
8
C.
Situation of former combatants .......................................................................
30–31
9
D.
Reform of the security sector ..........................................................................
32–33
9
Functioning of the justice system ............................................................................
34–48
10
A.
Combating impunity, equitable justice ...........................................................
34–41
10
B.
Military justice ................................................................................................
42–43
11
C.
Interaction between the international and national justice systems ................
44–48
11
Violations of the rights of specific groups ..............................................................
49–71
12
A.
Situation of victims .........................................................................................
49–50
12
B.
Continuing human rights violations committed by the Forces
républicaines de Côte d’Ivoire (FRCI) ...........................................................
51
12
C.
Situation of detainees ......................................................................................
52–58
13
D.
Case of Simone Gbagbo .................................................................................
59–61
14
E.
Situation of albinos .........................................................................................
62–63
14
F.
Persistence of sexual violence ........................................................................
64–68
15
G.
Freedom of association and assembly .............................................................
69–71
15
Economic and social rights .....................................................................................
72–77
16
A.
Fragile social and economic situation .............................................................
72–73
16
B.
Right to education ...........................................................................................
74–76
16
C.
Right to health.................................................................................................
77
17
Institution building for the protection of human rights ...........................................
78–82
17
A.
Commitments of the international community in Côte d’Ivoire .....................
78–79
17
B.
International commitments of Côte d’Ivoire in the field of human rights ......
80
17
C.
National Human Rights Commission of Côte d’Ivoire ...................................
81–82
17
VIII.
Conclusions .............................................................................................................
83–87
18
IX.
Recommendations ...................................................................................................
88–89
19
III.
IV.
V.
VI.
VII.
GE.14-10154
3
A/HRC/25/73
I. Introduction
1.
This report is being submitted in accordance with resolution 23/22 of the Human
Rights Council, which renewed the mandate of the Independent Expert for one year and
requested that he submit his report to the Council’s twenty-fifth session and his
recommendations to the twenty-sixth session.
2.
The report provides an update on the human rights situation in Côte d’Ivoire
between May and December 2013. It is based on information collected from the authorities,
United Nations system agencies, national and international non-governmental
organizations, political figures and certain detainees. The Independent Expert would like to
express his thanks to the Ivorian Government, which facilitated his visit and his meetings
with the national and local authorities. The Independent Expert met the president of the
Constitutional Council, the Minister of State for Foreign Affairs, the Minister of Justice,
Human Rights and Civil Liberties, the Minister of State for Internal Affairs and Security,
the Minister of National Education and Technical Training, the Minister of Health and the
Fight against AIDS, the Minister for Solidarity, Family, Women and Children, the Minister
for Defence at the Office of the President and the First Vice-President of the National
Assembly.
3.
The Independent Expert also met with the head of the military chiefs of staff, the
president of the Dialogue, Truth and Reconciliation Commission, the coordinator of the
National Social Cohesion Programme, the president of the National Human Rights
Commission of Côte d’Ivoire, the prosecutor-general for the Abidjan Appeals Court, the
state prosecutor for the first instance court of Abidjan, the senior investigating judge, the
military prosecutor of the military court, the chief of the Disarmament, Demobilization and
Reintegration Authority, the head of the Operational Decisions Coordination Centre, the
National Press Council and the president of the Independent Electoral Commission. The
level of cooperation with these officials was greatly appreciated.
4.
The Independent Expert also met the Special Representative of the SecretaryGeneral for Côte d’Ivoire and her deputy, as well as representatives of the various
components of the United Nations Operation in Côte d’Ivoire (UNOCI).
5.
The Independent Expert held meetings with the country’s technical and financial
partners, including those from the United Nations system and several diplomatic missions,
and specifically those of the European Union, Canada, France, the United States of
America and Senegal.
6.
The Independent Expert would like to express his gratitude to the head of the
UNOCI Human Rights Division who, as in previous missions, made his team available and
provided technical support and information that proved instrumental in ensuring the success
of the mission and in producing this report.
7.
As in his previous missions, the Independent Expert visited Odienné, where he met
Simone Gbagbo, the wife of the former President, Laurent Gbagbo. He also visited the
Abidjan Detention and Correction Centre and the Abidjan Military Detention Centre, and
he was able to hold interviews with Charles Blé Goudé, Jean-Noël Abéhi and Jean-Yves
Dibopieu.
8.
He also held interviews with Pascal Affi N’Guessan, the former Prime Minister and
Secretary-General of the Front Populaire Ivoirien (Ivorian Popular Front) (FPI), who had
recently been released on bail, and with the Secretary-General of the Rassemblement des
Républicains de Côte d’Ivoire (Republican Rally of Côte d’Ivoire) (RDR). He was unable,
despite his wish to do so, to meet with representatives of the Democratic Party of Côte
4
GE.14-10154
A/HRC/25/73
d’Ivoire and another political party, Liberté et Démocratie pour la République (Freedom
and Democracy for the Republic) (LIDER).
9.
During this visit the Independent Expert sought out the views of several civil society
organizations, including the Convention de la société civile ivoirienne (Ivorian Civil
Society Federation), the International Federation for Human Rights (FIDH), the
Mouvement ivoirien des droits de l’homme (Ivorian Movement for Human Rights)
(MIDH), the Ligue ivoirienne des droits de l’homme (Ivorian League for Human Rights)
(LIDHO), Amnesty International, the Federation of Free Trade Unions of Côte d’Ivoire,
Bien-être des albinos de Côte d’Ivoire (Albinos Welfare of Côte d’Ivoire) (BEDACI) and
women’s and victims’ rights organizations.
II. Recent developments: institutional, political and security
trends
A.
Rebuilding of State institutions
10.
The Independent Expert welcomes the gradual establishment of democratic
institutions in the Republic of Côte d’Ivoire. A human rights commission has been set up
and its members have been named, and the main State bodies are being restored throughout
the country. The adoption by the National Assembly on 23 August 2013 of three laws on
nationality, statelessness and rural land holdings, along with the Government’s adoption of
a bill on human rights defenders, are positive signs of the institutional change under way.
The restoration of the Constitutional Council and the parliament testify to the same trend.
The Independent Expert expresses the hope that institutional and legal arrangements made
between the branches of the State will respect the fundamental principles inherent to the
functioning of a democratic State based on the rule of law. The current consolidation of
democratic institutions provides a decisive step forward towards democratic reconstruction
and an essential foundation for lasting political normalization in the institutions of Côte
d’Ivoire.
B.
Political dialogue
11.
The release pending trial of 14 people who were arrested after the post-election
crisis, including the former Prime Minister and Secretary-General of the Front Populaire
Ivoirien (FPI), Pascal Affi N’Guessan, and Michel Gbagbo, the son of former President
Laurent Gbagbo, and the recent resumption of direct talks between the Government and the
FPI offer encouraging signs.
12.
The Independent Expert notes the presentation by the FPI of a paper on the Etatsgénéraux de la République, or national consultations, aimed inter alia at “building a new
consensus of reconciliation to bring peace and stability to the country”.1
13.
The Independent Expert welcomes the expressed desire of both sides to engage in
dialogue on the major questions related to the life of the country. He calls upon them to
consider as non-negotiable the prosecution of perpetrators of serious human rights
violations committed by any party, consideration of the situation of the victims in the
1
GE.14-10154
La réconciliation nationale en Côte d’Ivoire, Dialogue politique et Etats-généraux de la République –
Termes de référence, (National reconciliation in Côte d’Ivoire, Political dialogue and national
consultations – Terms of reference), Front populaire ivoirien, 30 October 2013, p. 28.
5
A/HRC/25/73
reconciliation process and the permanent nature of State institutions. If there is to be a
resurgence of a dialogue in Côte d’Ivoire, the fundamental institutional problems that
resulted from the elections must be resolved. In particular, consensus must be reached on
the mapping of electoral districts, on voters’ lists and on the composition of the
Independent Electoral Commission.
14.
The success of the municipal elections of April 2013 is a major sign of a return to
democracy. The next presidential elections will have to confirm this trend. Yet in the runup to the 2015 elections, the political climate is characterized by a surge of polarization.
The Independent Expert should like to warn against the temptation to engage in short-term
electioneering aimed solely at taking or maintaining power, to the detriment of the
fundamental interests of the Ivorian people: reconciliation, coexistence and shared and
lasting prosperity.
C.
National reconciliation process
15.
The Independent Expert should like to emphasize that there is an urgent need to
breathe new life and energy into the national reconciliation process, in particular by
involving political figures, civil society and the bodies that emerged following the crisis,
including the Dialogue, Truth and Reconciliation Commission and the National Programme
for Social Cohesion. In the light of the long and painful history of the crisis, national
reconciliation is all the more important to ensure that the elections of 2015 have democratic
legitimacy and are held in a peaceful context. To counter the culture of violence, voting
must be the sole democratic framework for competition and opposition. Cooperation among
political leaders must go hand in hand with and tap the energy of reconciliation efforts and
initiatives taken at the grass-roots level in the heart of the country by such crucial
participants as local authorities, traditional and religious chiefs and local civil society
organizations.
16.
The Independent Expert noted that some interlocutors expressed disappointment in
particular with regard to the calendar for the Dialogue, Truth and Reconciliation
Commission, whose mandate expired on 28 September 2013. The Commission’s midterm
report to the President, submitted on 21 November 2013, highlighted how much the
population was mobilized and involved in this phase of its activity, which aimed to
establish a basis for truth and reconciliation by systematically setting up structures and
mechanisms throughout the country. In this initial phase, the Dialogue, Truth and
Reconciliation Commission established the conditions for the emergence of the three
dimensions of truth, commensurate with the seriousness of the crisis in Côte D’Ivoire, as
proposed by the Independent Expert in his first report: objectively and rigorously
establishing the facts; identifying the perpetrators of human rights violations; and
determining the root causes of such violations (A/HRC/19/72, para. 94). The acknowledged
failure of most transitional justice bodies (leaving aside political arrangements and
superficial shows of reconciliation), provides us with a basic lesson that the lengthy time
required for lasting reconciliation is quite different from the nearsighted view of political
dealings. The reconciliation process is just as important as judicial, economic and social
solutions. Reconciliation matures the people’s conscience, and only such maturity can bring
about peace and composure in their hearts. The Independent Expert therefore calls for the
renewal of the Commission’s mandate so as to allow it to effectively carry out its mission.
It should be able to do so in the legal and financial conditions required to ensure its
independence.
17.
The Government must take measures to avoid divisions between the bodies
responsible for reconciliation and reparation and to promote complementary and
cooperative relations between the Dialogue, Truth and Reconciliation Commission, the
6
GE.14-10154
A/HRC/25/73
National Social Cohesion Programme, the Directorate for War Victims and the National
Human Rights Commission. The respective mandates of these bodies should be the subject
of a political consensus and should enjoy the public and unanimous support of everyone
involved in the country’s political and social life.
18.
The Independent Expert should like to emphasize in this context that the National
Social Cohesion Programme has an important role to play in the country’s reconciliation
and democratic reconstruction process. He hopes the authorities will take into account the
Ivorian people’s traditional values and culture of tolerance and coexistence while
promoting social cohesion, by involving traditional and religious chiefs in the dialogue and
reconciliation process. It is through such synergy that modern human rights can be
integrated into the traditional values of Ivorian society. In order to have social cohesion for
national reconciliation, all communities must share their sensitivities with each other and
undergo a collective catharsis, showing a maximum of concern for the situation of the
victims of the crisis.
D.
Community conflicts and rural land management
19.
The Independent Expert welcomes the adoption on 13 September 2013 of the
following laws: the Act on acquisition of nationality by declaration (Act No. 2013-653); the
Act authorizing the President to ratify the Convention on the Reduction of Statelessness of
1961 (Act No. 2013-647) and the Act on the time allowed to assert customary rights to
lands covered by customary law (Act No. 2013-655). These laws represent a clear break
from a situation long characterized by political and ethnic manoeuvring, a genuine time
bomb that had fuelled the culture of violence, eroded the values and traditions of tolerance
and coexistence and undermined this country and its region, which has a long history of
heavy immigration.
20.
That notwithstanding, the Independent Expert should like to emphasize that such
issues should be the subject of a substantive debate. They call for lasting solutions. He calls
upon the country’s authorities to work for a national consensus on these basic questions and
to include them in the inclusive democracy and political dialogue processes.
21.
In June 2013 the Government, through the Société de développement des forêts
(Forest Development Corporation) (SODEFOR), carried out an eviction operation in the
Niégré forest reserve (88 km from Sassandra).2 During this operation some serious
incidents were reported, including the death of three persons, ill-treatment, rapes, extortion
and the destruction of property by the Forces Républicaines de Côte d’Ivoire (FRCI) and
employees of SODEFOR. Over 20,000 people reportedly had to leave the forest, fleeing to
villages and camps in the vicinity.
22.
Since July, seven community conflicts have been reported: in Angovia (80 km from
Daloa), Divo, Facobly (25 km from Man), Goya 2 (10 km from Guiglo), Nienesso (13 km
from Odienné) and Odienné. Four people were reportedly killed and one injured during
these conflicts. The Independent Expert is concerned about persistent conflicts between
herders and farmers and draws attention to the tensions resulting from competition for
access to natural resources around mines.
23.
The Independent Expert notes the efforts made by the President to encourage the
return of persons who left the country owing to the crisis. In particular, on 19 October 2013,
President Ouattara took part in a meeting held in Zwedru, Liberia, by the Joint Council of
Chiefs and Elders of the communities along the border between Liberia and Côte d’Ivoire,
2
GE.14-10154
Another eviction operation was conducted at Mount Péko in May 2013.
7
A/HRC/25/73
and he announced the return of 16,000 Ivorian refugees by the end of 2013. The
Independent Expert draws the attention of the authorities to some major issues related to the
return of those who have left the country, in particular the fact that their homes have been
occupied and their farms pillaged.
III. Security situation
A.
Achievements and challenges
24.
The Independent Expert notes an improvement in the overall security situation in the
country. Since the attack in March 2013, there have been no reports of major incidents
resulting from external threats. This is in particular attributable to the efforts of the
authorities, who set up two new battalions (in San Pedro, in the south-west, and in Odienné,
in the north) and to joint patrols carried out by UNOCI and the United Nations Mission in
Liberia and which have strengthened the security forces in the cities along the Liberian
border. Politically, the release of some figures from the previous regime in August 2013 has
also apparently helped improve the situation.
25.
The Independent Expert noted the final report of the Panel of Experts on Liberia of
the United Nations Security Council, which reported the use of Liberian mercenaries by the
Ivorian authorities in the border areas, as well as information according to which Ivorian
officials had reportedly ordered the killing of pro-Gbagbo refugees in Ghana (S/2013/683,
paras. 30 to 40). He considers that the Ivorian authorities should provide a specific response
to the international community owing to the seriousness of these allegations. He has noted
that the Ghanaian Government has denied these allegations.
26.
Domestically, the security situation remains fragile, as protest movements composed
of former fighters are pushing for the authorities to keep the promises made to them, in
particular in respect of the disarmament, demobilization and reintegration programme. The
situation is tenuous owing to attacks and robberies committed mainly by former fighters
and dozos, and by the prevalence of weapons, a legacy of the crisis. In the Yamoussoukro
area alone, three attacks were committed on 10, 12 and 15 September 2013, reportedly by
dozos and former fighters. An attack on the vehicle of the director of the Disarmament,
Demobilization and Reintegration Authority committed on 1 July 2013 left one gendarme
dead, and it too was reportedly carried out by former fighters and dozos. Mistrust of the
FRCI in certain communities is an important factor to be taken into consideration in
drawing up any overall security strategy.
B.
Dozos
27.
Since the last visit by the Independent Expert, there have been several new reports of
abuses committed by the dozos. They have carried out summary executions in Korhogo and
subjected three persons suspected of committing various offences in Korhogo and San
Pedro to ill-treatment.
28.
The Independent Expert welcomes the publication of a report by UNOCI, in
cooperation with the Office of the United Nations High Commissioner for Human Rights
(OHCHR), on abuses committed by dozos in Côte d’Ivoire between March 2009 and May
2013. According to the report, during the period under consideration at least 228 people
were killed, 164 were wounded by gun shots or sharp objects and 162 were illegally
arrested or detained by dozos. There were also at least 274 verified and confirmed cases of
looting, arson and extortion committed by dozos, in particular in the regions near San
8
GE.14-10154
A/HRC/25/73
Pedro, Nawa, Gbôklé, Gôh, Cavally, Indenie-Djuablin, Marahoué, Haut Sassandra, Tonkpi,
Moronou and Guemon.3
29.
The authorities have announced several initiatives to bring this situation under
control, including awareness activities and identification of dozos, with the support of the
civil registration body, the National Identification Office. The Independent Expert
considers that there is an urgent need to draw up a legal framework governing the activities
of dozos, applying the following principles: recognition of the status of dozo traditional
culture using specific criteria, including the nomenclature of their cultural activities and the
exclusive geographical limitation of their cultural activities; State oversight of the
development and production of a dozo identification document, issued by recognized dozo
authorities; and a commitment by the dozos to fully comply with the law and respect the
exclusive authority of local and national representatives and institutions of the State.
C.
Situation of former combatants
30.
Several Ivorian figures and international observers consider that the issue of former
combatants is a major destabilizing factor for the country, both in terms of security and for
national reconciliation and social cohesion. Former combatants are increasingly involved in
the most serious incidents. The vast majority are still armed and have lost their original
civilian occupations; they have no work or income and are stigmatized because of their
past. The Independent Expert calls upon the public and private partners of Côte d’Ivoire to
do more to help the Government deal with the situation of former combatants, who
represent a real risk of destabilization for the country.
31.
The Independent Expert has heard persistent rumours of corruption and nepotism in
the former combatant reintegration programme. He calls upon the Ivorian authorities to
ensure that the process is reliable, fair and transparent. Urgent measures are required to
prevent former area commanders (sometimes called com’zones) from giving favourable
treatment to men who fought under their command, by taking the place of the
Disarmament, Demobilization and Reintegration Authority or blocking its work in the
disarmament, demobilization and reintegration programme. To facilitate the work of the
Authority, the Government should sever the link between the former area commanders and
former combatants.
D.
Reform of the security sector
32.
As serious human rights violations are still being committed by elements of the
FRCI and dozos, and as a large number of former combatants have yet to be disarmed and
consider violence as the sole solution to their predicament, the vetting of the security forces
with UNOCI support would be particularly useful. The Independent Expert has noted with
much hope that the head of the military chiefs of staff has expressed a commitment to
prosecute those elements of the FRCI who are involved in human rights violations.
33.
The Independent Expert encourages the Ivorian authorities to include intercultural
education in the training of members of the military, gendarmes and police officers, so as to
take into account the multi-ethnic dimension of Ivorian society, and consequently of its
security forces.
3
GE.14-10154
Report on human rights abuses committed by dozos in the Republic of Côte d’Ivoire, UNOCI, June
2013, para. 35. Available (in French) at: www.ohchr.org/Documents/Countries/CI/CIRapportDozos
.docx.
9
A/HRC/25/73
IV. Functioning of the justice system
A.
Combating impunity, equitable justice
34.
The release, pending trial, in August 2013 of 14 persons associated with the former
regime is a particularly important step that promotes political dialogue and national
reconciliation. The presidential amnesty granted to approximately 3,000 persons convicted
of minor offences will foster healing in Ivorian society and helps to relieve crowding at
places of detention. This decision must, however, be accompanied by urgent social
measures to lessen its social and economic impact.
35.
The Independent Expert remains concerned about the calendar for trials currently
under way. Seeking truth and combating impunity must be the core priorities for the courts.
Ensuring equitable justice means that the justice system must be able to complete the
judicial procedures now under way and to initiate cases against both sides, as recommended
by the International Conference on Impunity and Equitable Justice in Côte d’Ivoire, held in
Yamoussoukro in February 2013. On 10 July 2013 the indictment division issued a decision
concerning 84 defendants associated with the former President, Laurent Gbagbo, but no one
close to the current Government has been prosecuted for acts committed during the postelection crisis, although according to the report of the National Commission of Inquiry,
such persons were allegedly responsible for the deaths of over 500 people. The authorities
present only the arrest of Amadé Ouérémi, for the events at Mount Péko, in Duékoué, 4 as a
sign of balance in the current list of prosecutions. The investigating judge responsible for
that case has been transferred to a position as a temporary prosecutor in Bouaké.
36.
In this connection, the Independent Expert should like to reiterate his concern about
the impact that the rotation of judges has had on the cases currently under way. The
independence of judges is enshrined in the Constitution, specifically in article 103, which
sets out that “in the performance of their duties, judges shall not be subject to anything
other than the authority of the law”. All those who committed serious human rights
violations must be prosecuted, whatever their ethnic origin or political affiliation may be.
37.
The Independent Expert should like once again to express his concern about the
slow pace of the justice system, in particular for cases of high-profile, serious human rights
violations such as the Nahibly massacres and the mass grave at Torgueï. He notes that the
exhumation operations for persons killed during the crisis in Yopougon have ended.
Despite these operations, undertaken with the support of UNOCI, there has still been no
follow-up by the justice system.
38.
The Independent Expert notes the decision by the Ligue ivoirienne des droits de
l’homme (Ivorian League for Human Rights) (LIDHO) and the International Federation for
Human Rights (FIDH) to press charges before the International Criminal Court in the trial
currently under way against the former President, Laurent Gbagbo, et al., and before the
Ivorian courts for the events that took place in Nahibly. The Independent Expert encourages
those organizations to see such procedures through so as to make the voices of the victims
of human rights violations heard more clearly.
39.
The fact that persons allegedly involved in human rights violations are now in high
positions of political power and in charge of security questions has prompted Ivorian and
international human rights organizations to raise legitimate questions about the possibility
4
10
Communiqué from the Ministry of State for Internal Affairs and Security, available (in French) at:
www.addr.ci/communique1.php?PHPSESSID=ro5v437q58ll248b9vc6g6l7q4.
GE.14-10154
A/HRC/25/73
of obstruction of justice. The Independent Expert calls for the adoption of a special law on
the protection of victims and witnesses.
40.
The judges and human rights organizations that the Independent Expert held
meetings with unanimously recognized the need to extend the mandate of the special
investigation unit (CSE), scheduled to conclude in December 2013. The Independent
Expert noted that the Minister of Justice, Human Rights and Civil Liberties held the
opposite view, arguing that “the CSE has lost its purpose, as it was set up as a substitute for
normal institutions, not to exist alongside them. The unit is a legal anomaly.” In view of the
complex nature of the legal procedures under way, the positive results already achieved and
the familiarity of the unit’s investigating judges with the cases they have handled, the
Independent Expert calls upon the Government not only to take steps to renew the unit’s
mandate, but also to provide it with additional means to expedite its work. Retaining the
CSE will add credibility to the Government’s commitment to fighting impunity and
promoting equitable justice.
41.
The Independent Expert calls on the authorities to take steps to speed up judicial
procedures against persons whose property has been frozen so as to allow for their
maintenance and for that of their families, without prejudicing the rights of victims, based
on the principle of combating impunity and promoting equitable justice.
B.
Military justice
42.
Only two military trials have been completed: the trial of General Bruno Dogbo Blé
and four of his subordinates, which finished in October 2012, and the trial of four members
of the military who were convicted of murdering Mamadou Idy, a Nigerian soldier serving
in UNOCI, which finished in December 2012.
43.
The Independent Expert is concerned about the lack of compliance of military
justice procedures with international standards. The Code of Military Procedure dates back
to 1974 and has never been amended. The Independent Expert encourages the Ivorian
authorities to undertake the reforms required in terms of standards and structures to ensure
that military justice is equitable. The Independent Expert wishes to commend the
professionalism of the military prosecutor’s cooperation with him during the visit.
C.
Interaction between the international and national justice systems
44.
The Independent Expert notes that there is good cooperation between the Ivorian
justice system and the International Criminal Court, in particular with respect to the sharing
of information.
45.
At a session held on 3 June 2013, Pre-Trial Chamber I of the International Criminal
Court requested the prosecutor to submit new elements so as to allow it to rule on the
confirmation of charges against Laurent Gbagbo by January 2014.5 Meeting in the Council
of Ministers on 20 September 2013, the Government decided to submit a request for
inadmissibility to the Court and to postpone execution of the arrest warrant issued by the
Court for Simone Gbagbo.
5
GE.14-10154
Situation in the Republic of Côte d’Ivoire, the Prosecutor v. Laurent Gbagbo, International Criminal
Court, decision No. ICC-02/11-01/11 of 3 June 2013, available at the following address:
http://www.icc-cpi.int/iccdocs/doc/doc1599831.pdf.
11
A/HRC/25/73
46.
While recognizing the right of Côte d’Ivoire to assert the primacy of its courts in
accordance with the principle of complementarity, the Independent Expert would like to
draw attention to the problems that will inherently arise in the Ivorian justice system owing
to this decision, in particular in relation with the full treatment of the cases that the
International Criminal Court must handle in the country. The Ivorian system of justice has
been left in disarray by the lengthy political crisis and a series of problems of substance and
procedure, and also by difficulties that left it materially and logistically debilitated. The
disconnect between the legal framework and the offences in question, the failure of
criminal courts to hold regular sessions, the legal void for the protection of victims and
witnesses and the still all too clear polarization of Ivorian society all objectively are issues
that must be addressed in order to meet the standards for a fair and equitable trial.
47.
If the request of Côte d’Ivoire to try Ms. Gbagbo is allowed by the International
Criminal Court, the Independent Expert would call on the international community to
support the Ivorian authorities, in particular by strengthening the capacities of the judges
and judicial staff, by providing material and logistic support to the prosecution services and
courts and by assisting with the protection of victims, witnesses and judges.
48.
The Independent Expert notes that the arrest warrant for Charles Blé Goudé, the
third such warrant issued by the International Criminal Court for Gbagbo supporters, 6 has
strengthened the perception of bias in the administration of justice. The Independent Expert
reaffirms his trust in the Court’s will to do away with this perception and to confirm the
equity of international justice by prosecuting all those who have perpetrated crimes under
its jurisdiction, whatever their political or other affiliations may be.
V. Violations of the rights of specific groups
A.
Situation of victims
49.
In the current context of political polarization in the run-up to the elections, the
Independent Expert fears that the situation of the victims of the overall crisis, and
specifically of the post-election crisis, will be given short shrift and passed over.
50.
The Independent Expert insists on the need to better address the needs of the victims
of the crisis with an objective global approach based not on the status of those who
committed violations, but on the inclusion of all victims, in the light of the acts committed
and the persons affected, without distinction as to their politics, ethnic origin or religion. To
foster such an approach and encourage the objective treatment of victims of the crisis, the
Independent Expert is holding an international conference on the situation of victims of the
Ivorian conference in February 2014, in partnership with the National Human Rights
Commission of Côte d’Ivoire.
B.
Continuing human rights violations committed by the Forces
républicaines de Côte d’Ivoire (FRCI)
51.
The Independent Expert has been informed that the FRCI are continuing to commit
human rights violations, including violations of the right to life, arbitrary arrest and
6
12
See the site of the International Criminal Court, Situation in the Republic of Côte d’Ivoire
(http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/Pages/situations%20and%
20cases.aspx).
GE.14-10154
A/HRC/25/73
detention, forced disappearance, torture and ill-treatment and sexual violence. He notes
with concern that only a limited number of FRCI members involved in human rights
violations have been arrested and prosecuted. Some have reportedly been involved in
roadblocks, brigandage and ransom-taking and in associated violence, and apparently only
a few have been subjected to disciplinary action.
C.
Situation of detainees
52.
On 5 August 2013 the indictment division of the court of appeal released, pending
trial, 14 persons detained since the post-election crisis. Indictments for eight have already
been confirmed7 and the six others are awaiting hearings for confirmation of the
indictments.8 Presidential decree 2013-663 of 20 September 2013 is currently being
implemented and provides an amnesty for nearly 3,000 prisoners convicted of minor crimes
and offences. The decree is in line with a recommendation issued by the Independent
Expert. Its implementation should make it possible to relieve overcrowding at certain
prisons and to thus improve conditions of detention of other prisoners.
53.
An improvement is required in the conditions of detention at Ivorian prisons, both in
terms of administrative management and in relation to the material conditions of prisoners.
The lack of means made available to prison staff jeopardizes their own safety and also that
of the prisoners; two prison breaks took place at the Abidjan Detention and Correction
Centre on 23 and 24 July and on 14 September 2013, and as a result 3 persons died and 21
persons were wounded. The problem of the separation of accused and convicted persons
has yet to be resolved.
54.
At the enlisted men’s cells at the Abidjan Military Detention Centre, the
Independent Expert saw overcrowding that violated acceptable international standards. The
unhealthy conditions, lack of care and small size of the cells constitute cruel, inhuman and
degrading treatment. In the officers’ cells, the situation is more or less acceptable, with
normal density and hygiene. The officers are sometimes held for over two years without
being sentenced; several have been charged with the generic offence of breaching State
security.
55.
According to the information received by the Independent Expert, conditions of
detention are extremely serious at the Compagnie territoriale de Korhogo, a military unit.
Even civilians are detained by the unit, although it is not a legal place of detention.
56.
The Independent Expert notes with concern the legal confusion surrounding the
situation of Seka Yapo Anselme, also known as Seka Seka, Charles Blé Goudé, Jean-Yves
Dibopieu, Amadé Ouérémi, Youssouf Koné and Commander Jean-Noël Abéhi, who are
being held in incommunicado detention. He was able to hold an interview with Jean-Noël
Abéhi, who has been charged in connection with the massacre of women in Abobo; with
Jean-Yves Dibopieu, the former Secretary-General of the Fédération estudiantine et scolaire
de Côte d’Ivoire (the students’ federation, FESCI), who was arrested with Jean-Noël Abéhi
on 4 February 2013; and with the former leader of the young patriots, Charles Blé Goudé.
The persons in question do not receive visits from their families and are allowed to see their
lawyers for only a few minutes before attending hearings. Even when visitors can present
authorizations issued by a court, they have difficulty visiting them.
7
8
GE.14-10154
Pascal Affi N’Guessan, Michel Gbagbo, Aboudramane Sangaré, Narcisse Téa Kuyo, Geneviève Bro
Grébé, Séka Obodji, Soukouri Bohui and Henri-Philippe Dakoury Tabley.
Justin Koua, Alcide Djédjé, Moïse Lida Kouassi, Alphonse Douaty, Colonel Konandi Kouakou and
Nomel Djro.
13
A/HRC/25/73
57.
The Independent Expert was told that it was justified to hold these detainees at their
place of detention because of the sensitive nature of the persons involved, in the interests of
justice, and also to provide better security. The Independent Expert also requests that the
authorities regularize the situation of persons detained by the National Surveillance
Directorate.
58.
The Independent Expert should like to recall that in the handling of cases of persons
imprisoned for human rights violations, the interests of the victims may be jeopardized
when there are serious procedural problems, as when the authorities are obliged to cancel
an arrest warrant owing to a failure to meet requirements of form. Such situations lead to
uncertainty in the scheduling of the rest of the proceedings. The need to defend the rights of
detainees must not eclipse the need to respect the rights of the victims, who are awaiting
justice and reparation.
D.
Case of Simone Gbagbo
59.
During her meeting with the Independent Expert at Odienné, where she was under
house arrest, Simone Gbagbo, the former first lady, complained about her conditions of
detention and about her transfer from the Sainte Anne-Marie international clinic (PISAM)
to Odienné in May 2013, before her medical treatment was completed. Ms. Gbagbo said
that she still required more medical care, including kinesitherapy sessions and
ophthalmological consultations, which were not available in Odienné. When asked by the
Independent Expert about this case, the Ivorian authorities explained that Ms. Gbagbo had
been transferred from the PISAM clinic to Odienné because of unrest and demonstrations
and to ensure her own safety.
60.
Ms. Gbagbo told the Independent Expert that following her transfer to Odienné she
had lost consciousness on several occasions owing to her poor health. She once again
complained of the conditions of detention, the violation of her right to receive care, the lack
of specialists to follow her case and the freezing of her assets, which made it impossible for
her to cover her medical expenses.
61.
The Independent Expert has consistently emphasized in all his reports that the
detention for over 2 years of persons held in connection with the post-election crisis is
against international law. He has thus always called for them to be judged or released, if
only pending their trial. The release pending trial of 14 such detainees would thus appear to
be a step in the right direction. That measure should be generalized, not only to promote
national reconciliation, but also to allow the national and international justice systems to
take positions on their cases in conditions in which their rights are clearly respected. The
Independent Expert, firmly convinced that impartial and equitable justice is a decisive
factor for lasting national reconciliation, has at the same time argued for a determined
campaign against impunity and pointed to the fact that a general amnesty for the
perpetrators of serious human rights violations is contrary to international law. Based on
these considerations, he considers that Côte d’Ivoire, which has decided in accordance with
the Rome Statute to postpone execution of the arrest warrant issued by the International
Criminal Court and to try Ms. Gbagbo in the national courts, should provide her with
sufficiently safe conditions and proper medical care.
E.
Situation of albinos
62.
The organization Bien-être des albinos de Côte d’Ivoire (Albinos Welfare of Côte
d’Ivoire) (BEDACI) informed the Independent Expert of the various problems encountered
by some 4,000 Ivorian albinos who face social and cultural rejection. BEDACI complained
14
GE.14-10154
A/HRC/25/73
that ill-treatment of albinos had become commonplace and widespread, with several cases
of kidnapping reported. According to BEDACI, a woman sentenced to 5 years of prison for
kidnapping albinos was reportedly released after 8 months.
63.
The dropout rate was higher for albinos than for the rest of the population, in
particular owing to stigmatization and vision problems. Eighty per cent of albinos were
from poor families. The Independent Expert noted, however, that Côte d’Ivoire on 21 June
2013 adopted a law for the ratification of the Convention on the Rights of Persons with
Disabilities. He hopes that specific measures will be adopted to take into account the
specific needs of albinos in respect of health, education and access to the labour market, in
accordance with Human Rights Council resolution 23/13 of 13 June 2013 on attacks and
discrimination against persons with albinism.
F.
Persistence of sexual violence
64.
The Independent Expert is increasingly concerned about the high prevalence of
sexual violence in Côte d’Ivoire, all the more so as many cases of rape are attributable to
civilians or close relatives, FRCI members, unidentified armed men or teachers. Since the
beginning of July, reports of acts of sexual violence against young girls have continued,
above all in the Bouaké region and in the western part of the country.
65.
The Independent Expert was informed that forced marriage and female genital
mutilation were continuing. UNOCI told the Independent Expert that between 1 May and
30 September 2013 at least 168 cases of rape, 94 cases of female genital mutilation, 8
forced marriages and 36 cases of child labour trafficking had been registered.
66.
The Independent Expert should like to recall that over and above the legal decisions
already taken to combat female genital mutilation, a genuine cultural and legal awareness
campaign, conducted in close cooperation with traditional and religious chiefs, will be
required to combat the problem.
67.
The Independent Expert reaffirms the concerns raised in his previous report
(A/HRC/23/38), in particular in paragraph 53, about the practice of some criminal
investigation officers who demand that rape victims produce a medical certificate as a
condition for taking their complaints. The Independent Expert hopes that the reforms in the
Criminal Code and the Code of Criminal Procedure reshaping the criminal courts will make
it possible for rape to be addressed as a distinct crime in its own right.
68.
The Independent Expert is deeply concerned about rape in schools, for which, even
when the perpetrators confess, the authorities have been unable to impose appropriate
penalties capable of restoring the rights of the victims. The Minister of Education provided
information on criminal and disciplinary measures taken against the perpetrators of such
acts.
G.
Freedom of association and assembly
69.
The Independent Expert notes with satisfaction that a preliminary bill is being
drafted for the protection of human rights defenders. The authorities should do everything
possible so that the bill will be the subject of a broad discussion with human rights
organizations before it is adopted by the parliament.
70.
During the second quarter of 2013 demonstrations by the youth branch of the main
opposition party, the Front Populaire Ivoirien (Ivorian Popular Front) (FPI), were banned,
but in the third quarter of 2013 some activities of the FPI resumed, with rallying and
campaigning organized by its president, who had recently been released pending trial. On
GE.14-10154
15
A/HRC/25/73
the other hand, on 1 October 2013 young protesters who were outraged about the high cost
of living hoped to hold a demonstration; they were arrested and imprisoned.
71.
The Independent Expert reiterates the observations made in his previous report
(A/HRC/23/38, para. 22) about the Government’s interference in the way the Convention
de la société civile ivoirienne (Ivorian Civil Society Federation) organizes its own affairs.
VI. Economic and social rights
A.
Fragile social and economic situation
72.
The Independent Expert was informed of macroeconomic measures taken by the
Government and the announcement of a 10 per cent growth rate in 2014. 9 The Independent
Expert reaffirms his hope that such macroeconomic performance will benefit all the people
of Côte d’Ivoire. The cancellation by France of 64 per cent of the foreign debt of Côte
d’Ivoire, including 14 per cent as pure debt cancellation and 50 per cent in debt relief, sets
an example for the various partners of the country.
73.
There is a palpable feeling of social and economic insecurity in the country. The
resulting social issues may give rise to political destabilization, a weakening of social
cohesion and a slowing down of national reconciliation. The Independent Expert notes that
the Government is attempting to address the problems resulting from the rising cost of
living by “improving the availability of common consumer goods, increasing domestic
production and improving the effectiveness of competition”.
B.
Right to education
74.
Throughout the Ivorian crisis, the country’s schools and universities were
transformed into partisan and polarizing political tools and became battlegrounds where the
violence resounded in all its forms. Educational institutions, as places symbolic of youth,
are thus at the very core of the moral, intellectual and economic revival of Côte d’Ivoire.
The Government quite rightly says that it gives high priority to rehabilitating and rebuilding
the education system. However, in the light of the serious crisis the country has been
through, education must not only transmit knowledge and skills, but also human values,
with particular attention to intercultural education and to teaching coexistence. The
Government took some steps in the right direction when it decided to give linguistic
diversity a place of importance in schools and to take students at Islamic schools as well
into account in its administration of the education system.
75.
The Minister of Education has noted that the country’s schools face many problems,
including excessively large class sizes and a lack of furniture and teachers. Thanks to
initiatives taken to train teachers, improve governance in the education system, enrol all
children lacking birth certificates and step up the enrolment of young girls, the gross
enrolment rate reportedly rose from 80 per cent in 2010 to about 91 per cent in 2013 at the
primary and preschool levels and from 32 per cent to 37 per cent at secondary schools.
76.
The Independent Expert encourages the authorities to provide human rights training
and further training to teachers, so as to ensure the effectiveness and quality of such
teaching.
9
16
See the press conference of Prime Minister Daniel Kablan Duncan, 5 September 2013, available (in
French) at the following address: www.gouv.ci/actualite_1.php?recordID=3808.
GE.14-10154
A/HRC/25/73
C.
Right to health
77.
The Ivorian Government proclaimed 2013 the “Year of Health”. The Minister of
Health informed the Independent Expert that universal medical care coverage had been
launched as from December 2013 and that the University Hospital Centre of Côte d’Ivoire
had been refurbished. The Independent Expert was informed that the country’s HIV
seroprevalence rate had fallen to 3.7 per cent. He calls on the authorities to ensure better
access to health facilities, which are often too far from the people who need them.
VII. Institution building for the protection of human rights
A.
Commitments of the international community in Côte d’Ivoire
78.
The Independent Expert welcomes the adoption of Security Council resolution 2112
(2013), which extended the mandate of UNOCI and called for it to concentrate on the
improvement of the political environment, security and access to all human rights as its
main lines of activity. While recognizing that, as mentioned in the resolution, substantial
progress has been made in respect of security and human rights, the Independent Expert
calls upon the international community to take into consideration the fragility of the current
context, in particular in the run-up to the presidential elections of 2015, pending a genuine
consolidation of democratic institutions.
79.
The Independent Expert should like to once again express his appreciation of the
support provided by UNOCI to the Government of Côte d’Ivoire in strengthening the rule
of law, in particular by reforming the prison system, by training security and defence forces
in international human rights law and humanitarian law, by supporting the Dialogue, Truth
and Reconciliation Commission and the National Human Rights Commission and by
providing technical training and supervision for non-governmental organizations presenting
reports under the universal periodic review mechanism.
B.
International commitments of Côte d’Ivoire in the field of human rights
80.
The Independent Expert notes with satisfaction that the Government has declared
that it recognizes the possibility of filing individual complaints with the African Court on
Human and Peoples’ Rights and has ratified the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol). Côte
d’Ivoire acceded to the Convention on the Rights of Persons with Disabilities on 21 June
2013 and to the Convention relating to the Status of Stateless Persons and the Convention
on the Reduction of Statelessness on 3 October 2013.
C.
National Human Rights Commission of Côte d’Ivoire
81.
The establishment of the National Human Rights Commission of Côte d’Ivoire
provides tangible evidence of institutional progress in the field of human rights in the
country. However, the Independent Expert notes that the law relating to the Commission
places it operationally under the aegis of the Ministry of Justice, Human Rights and Civil
Liberties. As a result, the perception of the Commission’s status is tainted, as its budget
falls under the Financial Affairs Directorate of the Ministry of Justice. The Commission is
thus in a hybrid situation, lacking a clear identity.
GE.14-10154
17
A/HRC/25/73
82.
The Independent Expert is concerned about the fact that the Ministry has excessive
administrative control over the Commission. The Ministry sets the salary and compensation
levels and in-kind benefits of the Commission’s officers (art. 25), determines allowances
for the Commission’s sessions (art. 35) and adopts the Commission’s budget (art. 38). The
Independent Expert calls for the Commission to be given the human and material resources
required for it to carry out its mission and to ensure its independence in accordance with the
Principles relating to the Status of National Institutions for the Promotion and Protection of
Human Rights (the Paris Principles) (General Assembly resolution 48/134 of 20 December
1993, annex). The law establishing the National Human Rights Commission should be
reconsidered.
VIII. Conclusions
83.
Building democracy takes time. Côte d’Ivoire has made remarkable progress in
the field of State governance and in macroeconomic management, and this will
eventually no doubt have a positive impact on employment and socioeconomic
conditions. In respect of the security situation, notwithstanding the arms embargo, the
country has been able to significantly reduce external attacks, although the sluggish
pace of disarmament, demobilization and reintegration remains a cause for concern.
Progress has also been weak on issues such as the question of equitable justice and the
persistence of problems related to landownership, the return of Ivorians from exile
and nationality.
84.
The Independent Expert notes with concern that, despite the establishment of
the permanent framework for dialogue and sporadic contacts between political
figures, the seeds of social fragmentation and political polarization are still there. The
decision by the United Nations Security Council to consider reducing the staff of
UNOCI should take into consideration the fragility of the situation, marked by
unresolved problems that have historically lain at the core of the political and social
crisis in the country. Côte d’Ivoire will not be safe from violent social and political
confrontation unless all its political figures assume sufficient responsibility for
establishing a genuine democratic culture built on tolerance, mutual respect and
comprehension and the primacy of the higher interests of the country’s long-suffering
people. Along these lines, priority must be given to democratically and consensually
reforming the Independent Electoral Commission and the electoral rolls, to
establishing a legal status for the political opposition and for its activities and to
strengthening the institutions of government.
85.
The political dialogue under way between the opposition and the authorities
must be fuelled and fortified by a moral catharsis. Political figures must show
repentance for and public recognition of their historic responsibility for the deepseated causes of the long crisis the country has had to endure. In this spirit, one major
test to be addressed right away is how to do away with a political dialogue marked by
verbal violence, political polarization and partisan stigmatization. Political dialogue
should serve as a basis for teaching democracy within one’s own political base and
also for the population at large.
86.
The authorities should take stock of the slow pace of national reconciliation and
turn to the cultural and ethical heritage of coexistence among the country’s
communities, who have progressed beyond the official reconciliation that has been
undertaken by the Government. The effort to achieve Ivorian social cohesion must be
fed by local initiatives taken by the country’s communities. The extension of the
mandate of the Dialogue, Truth and Reconciliation Commission, with its activities
more coherently directed and focused on the public inquiries and hearings phase,
18
GE.14-10154
A/HRC/25/73
should be part of this process. The Independent Expert continues to believe that
coherence, complementarity and coordination among reconciliation and social
cohesion bodies are prerequisite conditions if the overall national effort is to succeed.
87.
Efforts at political dialogue and the national reconciliation process must not be
tainted by tactical or electoral manoeuvring in a political context that neglects the
higher interests of the Ivorian people. They must go hand in hand with the struggle
against impunity, the promotion of equitable justice and the central importance that
must be given to the situation of victims. In this context, promoting a vigorous,
independent and well-resourced civil society is indispensible in order to break open
the closed circle of the country’s politics.
IX. Recommendations
88.
The Independent Expert recommends that the Ivorian Government:
(a)
Combat impunity
(i)
Prosecute members of the Forces républicaines de Côte d’Ivoire (FRCI)
responsible for ill-treatment of the population and undertake, with the United
Nations Operation in Côte d’Ivoire (UNOCI), more rigorous vetting of
members of the security and defence forces;
(ii)
Prosecute all perpetrators of serious crimes, regardless of their status or
ethnic, religious or political affiliation, and step up judicial procedures relating
to the massacre at Nahibly and the mass grave at Torgueï;
(iii) Rule out the use of general amnesty laws in the political negotiations
under way, in particular for international crimes such as genocide, crimes
against humanity and war crimes, which are not subject to statutory limitation;
(iv) Undertake reform of the justice system, taking into consideration
specifically: (i) the recasting of the Criminal Code and the Code of Criminal
Procedure; (ii) the establishment of legal and institutional mechanisms to
protect victims, witnesses, judges, lawyers and human rights defenders; and
(iii) the reform of the military justice system;
(v)
Extend the mandate of the special investigation unit (CSE) so that it can
handle the cases currently under way more expeditiously and even so that it
can consider cases as far back as 2002, concentrating its activities on the most
serious human rights violations;
(vi)
Expedite the trial or release of persons detained for more than 2 years
as a result of the post-election crisis, in particular by making use of information
in the report of the National Commission of Inquiry and by working to ensure
that criminal courts hold regular sessions;
(vii) Strengthen the independence of judicial officers (judges and prosecutors)
and provide the justice system with the means required to effectively carry out
its mission;
(viii) Draw up a robust policy to combat sexual violence, including the
issuance of medical certificates free of charge, legal and psychological
assistance for victims, prevention of such acts and punishment of perpetrators;
(ix) Continue cooperation with the International Criminal Court, in
particular by exchanging information and ensuring complementarity, in the
interests of proper, impartial and equitable justice.
GE.14-10154
19
A/HRC/25/73
(b)
Victims
(i)
Emphasize the central importance of the situation and expectations of
victims, without political or ethnic discrimination, by giving visibility and
substance to their right to effective, accessible remedies, including reparation
for harm suffered, and also to the right of the accused to a just and fair trial;
(ii)
Establish a genuine policy for the provision of care to victims, in
particular through medical and psychological assistance programmes, financial
compensation and legal and social reparation.
(c)
Situation of detainees
Improve conditions of detention at prisons by making available to prison
staff the means required for them to carry out their tasks and by ensuring more
decent living conditions for detainees.
(d)
Transitional justice process
(i)
Extend the mandate of the Dialogue, Truth and Reconciliation
Commission to allow it to move ahead to the dynamic phase of its inquiries,
with public hearings and proposals for reparation for victims, bringing its work
into line with that of the National Programme for Social Cohesion, with the
provision of sufficient means of operation;
(ii)
Promote better public awareness of the specific mandates, missions and
activities of the various national bodies combating impunity and working for
transitional justice.
(e)
Security
(i)
Take strong steps for a coherent disarmament strategy while stepping up
the pace of reintegration of former combatants;
(ii)
Resolve the problem of interference by dozos in security operations,
specifically by adopting legislation to: (i) legally recognize the cultural role of
dozos; (ii) identify them; (iii) confine them to their specific territorial areas;
and (iv) ensure that they submit to the authority of the State and comply with
the law;
(iii) Include intercultural education in the training of members of the
military, gendarmes and police officers.
(f)
National Human Rights Commission
(i)
Provide the Commission with the material and human resources that it
needs in order to function;
(ii)
Hold consultations with a view to amending the law establishing the
Commission so as to bring it into line with the Paris Principles in respect of the
Commission’s mandate, composition, organization, functioning, independence
and means.
(g)
Political dialogue and democratic reconstruction
(i)
Consolidate the democratic dynamic currently under way, in particular
by continuing the inter-Ivorian dialogue, reforming the Independent Electoral
Commission and electoral rolls and establishing a legal status for the political
opposition, so as to create conditions conducive to the peaceful and
democratically credible holding of the 2015 presidential elections;
20
GE.14-10154
A/HRC/25/73
(ii)
Hold broader consultations on questions related to land tenure and
nationality among all parts of Ivorian society;
(iii) Ensure that remedial measures are taken to reduce the social impact of
evictions from forest reserves;
(iv) Accompany calls for the return of exiled persons with specific measures
allowing them to repossess their property and for their protection and
socioeconomic reintegration;
(v)
Take into consideration the vital needs of the population, in particular
women and children, in public policy decisions;
(vi) Continue working in cooperation with United Nations human rights
bodies and increase the pace of ratification of the relevant human rights
instruments.
89.
The Independent Expert recommends that the international community:
(a)
Consolidate its commitment to Côte d’Ivoire by (i) providing essential
support for the dialogue currently under way; (ii) substantially strengthening the
disarmament, demobilization and reintegration programme, in particular through the
private sector; (iii) assisting the judicial and security structures and transitional
justice institutions; (iv) strengthening UNOCI structures working for the rule of law
and human rights; and (v) strongly supporting the economic revival of Côte d’Ivoire;
(b)
The Independent Expert reiterates his call for the lifting of the arms
embargo against Côte d’Ivoire, with a view to strengthening the effectiveness of the
State security bodies throughout the national territory;
(c)
The Independent Expert reiterates his recommendation that the
International Criminal Court should strengthen the impartiality and fairness of
international justice by issuing arrest warrants for all perpetrators of genocide,
crimes against humanity or serious crimes, whatever their political affiliation or
ethnic or religious origin. The International Criminal Court is also called upon to
show special vigilance for possible prosecution in response to political discourses and
media campaigns that incite national, ethnic or religious hatred;
(d)
The Independent Expert reiterates his recommendation that the Human
Rights Council should publish the report of the International Commission of Inquiry
on Côte d’Ivoire established in 2004, in accordance with the recommendation issued
by the Commission in 2011 (A/HRC/17/48, para. 127).
GE.14-10154
21